Tag Archives: CPSL

Where a plaintiff, who was erroneously designated to be subject to community parole supervision for life, has brought a 42 U.S.C. §1983 action against three defendant members of the Legal Unit of the Massachusetts Parole Board, a motion by the ...

Where a defendant was convicted of child rape, intimidation of a witness and violation of a restraining order, the portion of his sentence imposing community parole supervision for life must be vacated. “The Commonwealth concedes that, under Commonwealth v. Cole, ...

Where the defendant challenges his sentence of community parole supervision for life, the sentence must be vacated in light of a recent decision holding that an unconstitutional provision renders the CPSL statute unconstitutional. “The court held today in [Commonwealth v. ...

Where (1) a petitioner was held in temporary custody on a charge that he violated the conditions of a term of community parole supervision for life and (2) the commonwealth sought to commit him as a sexually dangerous person, the ...

Where the Massachusetts Parole Board imposed on a defendant community parole supervision for life, that imposition must be vacated on separation of powers grounds. “The issue presented on appeal is whether community parole supervision for life (CPSL) violates our separation ...

Where a Level 2 sex offender has appealed from the denial of his motion for release from unlawful restraint, which challenged the imposition of community parole supervision for life (CPSL), the denial must be upheld, as (1) the defendant waived ...

Where a defendant was resentenced following the reversal of a sentencing component that imposed community parole supervision for life, the sentence on remand must not exceed the aggregate punishment the defendant initially received.

Where community parole supervision for life (CPSL) was imposed on a defendant who pleaded guilty to failing to register as a sex offender, in violation of G.L.c. 6, §178H(a), the defendant has not presented new evidence that would warrant vacating the imposition of CPSL.

Where the defendant, a Level 3 sex offender, failed to appear in person at the local police department to verify his registration information, a judge was not required to sentence him to community parole supervision for life (CPSL), as (1) the complaint failed to state that the defendant had been convicted of one of the enumerated crimes and (2) the defendant did not waive his right to raise any argument about the sufficiency of the complaint on that point.

Where a sentence of community parole supervision for life was imposed on a defendant who pleaded guilty to a charge of failing to register as a sex offender (first offense), the sentence must be vacated and a remand ordered because the sentencing judge mistakenly believed that imposition of CPSL was mandatory rather than discretionary.